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Q.If an employee takes a vacation before actually earned and later quits can the employer deduct the unearned vacation days taken from a final paycheck?
A.No, your employer cannot deduct "advanced" vacation (i.e., vacation that is taken before it is earned or accrued) from an employee's final paycheck. Under California law, vacation benefits are a form of wages, and an employer's practice of allowing employees to take their vacation before it is actually earned or accrued is in effect an advance on wages. If an employee takes an advance on vacation and then quits or is discharged before all of that advanced vacation is earned or accrued, then there has been an overpayment. The overpayment becomes a debt owed by the employee to the employer. As a debt, the employer's remedy is to sue the employee for the amount owed.
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